Trump denied third motion to dismiss upcoming 'hush money' case by NY judge

 April 11, 2024

Former President Donald Trump's lawyers have scored several legal victories over the past month, but fell short in their latest attempt. 

According to NBC News, the former president and his lawyers lost their third bid to delay the upcoming "hush money" trial, which is set to begin April 15.

The denial of the request to delay the pending criminal trial was issued by Associate Justice Ellen Gesmer of the Appellate Division of the Supreme Court of New York on Wednesday.

Trump and his attorneys were denied by a pair of New York appellate judges on Monday and Tuesday after requesting delays at that level.

What's happening?

According to court filings, the latest request to delay the trial came in the form of a lawsuit using a method available to litigants to seek relief.

NBC News noted:

The court docket for the Appellate Division showed Trump’s attorneys filed the challenge as a lawsuit invoking a provision of New York law known as Article 78. Article 78 challenges allow litigants, whether in ongoing litigation or otherwise, to seek relief from allegedly unlawful state or local government action. The documents were filed under seal.

In an emergency hearing on Wednesday, Trump attorney Emil Bove offered several arguments for a stay, leaning on the fact that Trump is currently challenging a partial gag order issued by Judge Juan Merchan last month, which was later expanded.

Bove also argued that Judge Merchan denying Trump the ability to use presidential immunity "exceeded his authority."

NBC News added:

Bove also suggested that Merchan has been “operating under an appearance of impropriety,” citing the political work by the judge’s daughter on behalf of the political firm Authentic Campaigns, which worked with President Joe Biden’s campaign in 2020. He said Merchan should remove himself from the case because of the alleged "conflict."

Despite deploying multiple arguments to delay the upcoming trial regarding alleged "hush money" payments made to Stormy Daniels before the 2016 election, Judge Gesmer didn't agree.

Prosecutors fire back

Not surprisingly, prosecutors in the case, including Lisa Evans, a prosecutor for the Manhattan district attorney’s office, argued that delaying the trial would cause an "enormous disruption" and said there was no reason for it.

Evans added, "There is no evidence that Judge Merchan stands to benefit from the trial."

Trump has pleaded not guilty to all charges he faces in the case, and has argued that it's simply part of a broader attempt to hamstring his 2024 presidential ambitions.

Many legal experts on both sides of the aisle have agreed that DA Alvin Bragg's hush money case is the weakest case against the former president.

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson
© 2015 - 2024 Conservative Institute. All Rights Reserved.